
This is so disillusioning. I supported Elena Kagan’s appointment to the U.S. Supreme Court. She was obviously qualified, had the right experience for the job, and seemed capable of objective, non-partisan analysis unlike Barack Obama’s disastrous “historic” first nominee to the Court, the dim bulb Sonia Sotamayor, and Biden’s arguably worse choice, DEI Justice Ketanji Brown Jackson. I have tried to cut Kagan a break for so often sticking to her less able woke female colleagues like the Three Little Maid from School in “The Mikado” in 6-3 decisions. I understand why loyalty to the team might have its long-range advantages. Often I can imagine Kagan rolling her eyes at one of the fatuous Sotomayor dissents based on feelz instead of the law. I get it.
But this time Kagan’s collegiality with her intellectual inferiors led to a breach of integrity. The Supreme Court’s 6-3 decision in Trump v. CASA, Inc., last week was much needed, greatly deserved, and necessary to stop an egregious abuse of judicial power for partisan agendas. The decision struck down the sudden fad of nationwide injunctions by lower courts, the Trump II weapon of choice employed by Democrats seeking not to allow the elected President they hate do the job he was elected to do. The “wise Latina” issued another one of her amateurish dissents. It was Kagan, however, joining with Jackson in endorsing that dissent, who really disgraced herself.
In 2022, when conservatives were the ones seeking injunctive relief from his President Biden’s Executive Orders (if in fact they were his EOs), Kagan expressed disapproval of nationwide injunctions. “This can’t be right that one district judge can stop a nationwide policy in its tracks and leave it stuck for the years that it takes to go through a normal process,” she said.
So she’s a partisan hack then, cutting the cloth of her supposedly objective legal analysis to match the dictates of the Democratic Party. Good to know.
(The ethics password is integrity.)
Justice Kagan doesn’t have it.